Posted on 12 July 2009
The Mirror, Vol. 13, No. 620
http://cambodiamirror.wordpress.com/
The Mirror, Vol. 13, No. 620
http://cambodiamirror.wordpress.com/
“Despite allegations that there is corruption in the structure of court officials, hearing former Khmer Rouge leaders from the Cambodian side, two experts from the United States of America said that this court offers many positive points to establish a model for the judicial system of Cambodia, which is now seen as having no independence and no integrity.
“These experts said that the Khmer Rouge Tribunal in Cambodia will become a model for the creation of other tribunals around the world to seek justice for victims suffering from similar crimes.
“Mr. Gregory H. Stanton, is the founder and director of Genocide Watch, the president of the International Association of Genocide Scholars, the founder (1981) and director of the Cambodian Genocide Project at the Yale University of the USA, and the founder (1999) and chair of the International Campaign to End Genocide, and in 1999 [when he worked at the US Department of State] he drafted many resolutions for the United Nations to create the International Criminal Tribunal for Rwanda.
“Mr. Gregory H. Stanton told a foreign radio station in the USA that at present, the Khmer Rouge Tribunal in Cambodia can be taken as a model for other tribunals, as it is a court that uses local law as the basis to charge the accused, and local procedures are the basis of this court, modified by international procedures.
“Mr. Gregory H. Stanton said, ‘This tribunal has influence beyond its limits; that means that participating judges will bring their experiences for future use. Therefore, I think it is a model for other tribunals. A problem of the other international courts is that they do not leave a heritage, but as for this mixed court, it will leave a heritage in the country.’
“Another expert said that the model of arrangements for this tribunal is really as positive as mentioned by Mr. Gregory H. Stanton. He added that this model was implemented after international hearings from around the world, and they have experience in international legal systems.
“That expert went on to say that the person who initiated to form this hybrid tribunal to be started in Cambodia can offer this model also for other places.
“These international experts expressed such praise, while the hearings of the former Tuol Sleng, or S21 Prison chief Duch continue, where victims of that regime recount the savage activities of Duch.
“Also, the director of the Documentation Center of Cambodia, Mr. Chhang Youk, expressed an opinion similar to the two experts above. He said that the Cambodian-international hybrid court has four special and important characteristics: first, it involves participation by citizens, because it is established within the country. Second, it consumes less expenses compared to the international courts in The Hague, but it can lead to the same justice just as at that court. Third, it is created within the country, facilitating the arrests of the accused. Fourth, it eases the use of evidence, which can be found almost everywhere around the country, without the need to transport it to other countries.
“He added that, moreover, this court is a model for the judicial system in Cambodia. Mr. Chhang Youk said, ‘This court is special and essential, as it serves as a basis for countries that suffered from genocide, to achieve reconciliation by teaching students and resulting in discussions about the freedom of expression. This court provides functions at a higher standard of justice that the courts at present can achieve. Thus, this court shows that Cambodia can move ahead and has an existing model, materials, and recourses, that can be used.’
“He added that these characteristics overcome the present deficiencies and it helps to build a state of law for Cambodia’s future.
“Also, a judge of the Cambodian Supreme Court, experienced in the judicial system in Cambodia, Mr. Mong Chakriya, hopes that the Khmer Rouge Tribunal will provide many benefits – beyond offering justice for the victims of the worst regime that existed, the regime of ‘Democratic Kampuchea,’ but also creating a model for the judicial system of Cambodia.
“The Khmer Rouge Tribunal, which suffers from corruption allegations and a lack of funds, is praised by two US experts and the keeper of documentation for the Khmer Rouge Tribunal, as having many positives points, useful for the creation of courts to try criminals in other countries.”
Khmer Machas Srok, Vol.3, #444, 11.7.2009
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Saturday, 11 July 2009
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